[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1072 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1072

     To establish a commission to investigate certain policies and 
   procedures with respect to the military justice system, including 
policies and procedures with respect to the investigation of reports of 
       sexual misconduct, sexual harassment, and unlawful gender 
                            discrimination.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 1997

   Mrs. Maloney of New York introduced the following bill; which was 
             referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
     To establish a commission to investigate certain policies and 
   procedures with respect to the military justice system, including 
policies and procedures with respect to the investigation of reports of 
       sexual misconduct, sexual harassment, and unlawful gender 
                            discrimination.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Military Justice and 
Fairness Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Military Justice and Fairness'' (in this Act 
referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of 15 members 
appointed as follows:
            (1) Five members appointed by the President, of whom one 
        shall be chosen after consultation with the Attorney General 
        and one shall be chosen after consultation with the Chief 
        Justice of the United States and not more than three of whom 
        may be a member of the Armed Forces on active duty or in a 
        retired status or a member of a reserve component.
            (2) Three members appointed by the majority leader of the 
        House of Representatives, not more than one of whom may be a 
        member of the Armed Forces on active duty or in a retired 
        status or a member of a reserve component.
            (3) Two members appointed by the minority leader of the 
        House of Representatives, not more than one of whom may be a 
        member of the Armed Forces on active duty or in a retired 
        status or a member of a reserve component.
            (4) Three members appointed by the majority leader of the 
        Senate, not more than one of whom may be a member of the Armed 
        Forces on active duty or in a retired status or a member of a 
        reserve component.
            (5) Two members appointed by the minority leader of the 
        Senate, not more than one of whom may be a member of the Armed 
        Forces on active duty or in a retired status or a member of a 
        reserve component.
    (c) Initial Appointments.--Each member of the Commission shall be 
appointed to the Commission not later than 90 days after the date of 
the enactment of this Act.
    (d) Chairman.--There shall be a Chairman of the Commission who 
shall be designated by the President at the time of the appointment.
    (e) Period of Appointment.--Each member shall be appointed for the 
life of the Commission.
    (f) Vacancies.--Any vacancy shall be filled in the same manner as 
the original appointment of a member of the Commission.
    (g) Security Clearances.--The Secretary of Defense shall provide 
expedited processing of security clearances requested for members.

SEC. 3. FUNCTIONS OF COMMISSION.

    The Commission shall investigate and make recommendations on the 
following:
            (1) The existence of adequate safeguards for members of the 
        Armed Forces who report incidents of sexual misconduct, sexual 
        harassment, or unlawful gender discrimination, and whether 
        adequate protection from retribution is afforded to members of 
        the Armed Forces who report such incidents.
            (2) The existence of adequate mechanisms for investigating 
        sexual misconduct, sexual harassment, and unlawful gender 
        discrimination in the Armed Forces, including the existence of 
        investigative mechanisms outside of the chain of command of a 
        member reporting allegations of such conduct.
            (3) Whether investigating officers and trial counsel in the 
        Armed Forces are trained, and possess the resources and 
        independence necessary, to conduct fair and thorough 
        investigations of allegations of sexual misconduct, sexual 
        harassment, and unlawful gender discrimination.
            (4) The number of incidents involving allegations of sexual 
        assault by members of the Armed Forces that have been referred 
        by a commanding officer for resolution through an 
        administrative hearing rather than court-martial proceedings, 
        and the reasons for such referrals.
            (5) The availability of adequate mechanisms in the Armed 
        Forces for satisfactory resolution of complaints of sexual 
        misconduct, sexual harassment, or unlawful gender 
        discrimination, and whether the award of damages and attorneys 
        fees should be a remedy available to military personnel who are 
        victims of sexual misconduct, sexual harassment, or unlawful 
        gender discrimination.
            (6) Whether court-martial jurisdiction should exist over 
        non-service related offenses committed by members of the Armed 
        Forces.
            (7) The procedures in the Armed Forces for apprehending and 
        charging an accused and the scope of the discretionary power of 
        commanding officers with respect to such procedures and the 
        court-martial trial process.
            (8) The adequacy of the procedures for selection of jurors 
        in the military justice system in protecting such jurors and 
        ensuring impartial court-martial trials.
            (9) Whether permanent, uniform mechanisms should be 
        established to insulate judge advocate defense counsel from 
        other elements of the military legal structure and provide such 
        counsel with resources equivalent to those resources available 
        to military trial counsel.
            (10) Whether military judges should be afforded increased 
        independence and some form of tenure to protect them from 
        retribution in response to their rulings during the court-
        martial trial process.
            (11) The need for increased uniformity in sentencing in the 
        military justice system and whether sentencing guidelines 
        should be instituted.
            (12) The adequacy and effectiveness of judicial review of 
        decisions regarding military personnel, and whether the same 
        right to Supreme Court review should exist for courts-martial 
        as for criminal cases in State and Federal courts.
            (13) The necessity for, and effectiveness of, correctional 
        programs designed to rehabilitate offenders to continue service 
        as members of the Armed Forces after serving a court-martial 
        sentence.
            (14) The procedural protections for enlisted members of the 
        Armed Forces who are career military personnel and the power of 
        commanding officers to deny reenlistment to such personnel who 
        have not yet qualified for retired pay.
            (15) Statistical data collection and analysis with respect 
        to crime and sexual misconduct, sexual harassment, and unlawful 
        gender discrimination in the Armed Forces, and whether such 
        data is regularly reported to the Federal Bureau of 
        Investigation.
            (16) The ability to exchange criminal records of members of 
        the Armed Forces among military courts and other courts in the 
        United States, and whether information with respect to the 
        criminal records of members of the Armed Forces should 
        regularly be reported to the National Crime Information Center.
            (17) Whether rulemaking committees that include civilian 
        members and perform functions that are similar to the functions 
        performed by the rulemaking committees of the Judicial 
        Conference of the United States should be established for the 
        military justice system.

SEC. 4. REPORT.

     Not later than one year after the date that all the original 
members are appointed, the Commission shall submit to the President and 
the Congress a report containing a detailed statement of the 
Commission's findings and conclusions and the Commission's 
recommendations for administrative and legislative action.

SEC. 5. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence as the 
Commission considers appropriate. The Commission may administer oaths 
to witnesses appearing before it.
    (b) Obtaining Information.--The Commission may secure directly from 
any department or agency of the United States information necessary to 
enable it to carry out this Act. Upon request of the Chairman of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission in a full and timely manner.
    (c) Subpoena Power.--(1) The Commission may issue a subpoena to 
require the attendance and testimony of witnesses and the production of 
any evidence relating to any matter under investigation by the 
Commission.
    (2) If a person refuses to obey an order or subpoena of the 
Commission that is issued in connection with a Commission hearing, the 
Commission may apply to the United States district court in the 
judicial district in which the proceeding is held for an order 
requiring the person to comply with the subpoena or order.
    (d) Immunity.--The Commission is an agency of the United States for 
purposes of part V of title 18, United States Code (relating to 
immunity of witnesses).
    (e) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for goods and 
services, without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5).

SEC. 6. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.
    (b) Quorum.--Eight members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (c) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action that the 
Commission is authorized to take by this Act.

SEC. 7. PERSONNEL MATTERS.

    (a) Pay of Members.--Members shall not be paid by reason of their 
service as members.
    (b) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (c) Staff.--(1) The Commission may, without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, appoint a staff director and such additional 
personnel as may be necessary to enable the Commission to perform its 
duties.
    (2) The Commission may fix the pay of the staff director and other 
personnel without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relating to 
classification of positions and General Schedule pay rates, except that 
the rate of pay fixed under this paragraph for the staff director may 
not exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title and the rate of pay for other personnel may 
not exceed the maximum rate payable for grade GS-15 of the General 
Schedule.

SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use the 
United States mails and obtain printing and binding services in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (b) Miscellaneous Administrative and Support Services.--The 
Secretary of Defense shall furnish the Commission, on a reimbursable 
basis, any administrative and support services necessary for the 
Commission to carry out its duties under this Act.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (d) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (e) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.

SEC. 9. PAYMENT OF COMMISSION EXPENSES.

    (a) Payment Out of Department of Defense Funds.--The travel 
expenses and per diem allowances of members and employees of the 
Commission, and the compensation of employees of the Commission, shall 
be paid out of funds available to the Department of Defense for the 
payment of compensation, travel allowances, and per diem allowances, 
respectively, of civilian employees of the Department of Defense. The 
other expenses of the Commission shall be paid out of funds available 
to the Department of Defense for the payment of similar expenses 
incurred by that Department.
    (b) Prompt Transfer of Funds.--The Secretary of Defense shall 
promptly transfer funds to the Commission for payment of expenses 
incurred by the Commission upon submission to the Department of Defense 
of the amount of funds requested for such payment by the Chairman of 
the Commission.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate not later than 90 days after 
submitting its report to the President and the Congress pursuant to 
section 4.
                                 <all>